statement of environmental effects - esc.nsw.gov.au · a mobile telecommunications network is made...

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Statement of Environmental Effects

Proposed Telecommunications Facility:

Water Reservoir off Hillcrest Avenue, Narooma NSW 2546

Prepared by Catalyst ONE Pty Ltd on behalf of Optus Mobile Pty Ltd

October 2017

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Executive Summary

Proposal

Optus proposes to install a new mobile base station facility at Water Reservoir off Hillcrest Avenue, Narooma NSW 2546. The proposal comprises of the following:

• Installation of one (1) 30m high monopole with a triangular headframe.

• Installation of three (3) panel antennas (not more than 2.8m in length), mounted to the turret headframe at a height of 31m (antenna centreline).

• Installation of two (2) radiocommunications dishes, mounted to the monopole at a height of 15m and 27m.

• Installation of twenty-seven (27) remote radio units (RRUs), mounted adjacent to the panel antennas.

• Installation of a 2-Bay outdoor cabinet on the ground adjacent to the monopole to house associated electronic equipment.

• Installation of an underground power supply, to be provided from an existing power pole within the water reservoir compound, approximately 35m west of the proposed Optus facility.

• Installation of a chain-link security compound fence (5.6m x 7.8m) and one (1) 3m wide vehicle access gate.

• The monopole and panel antennas will be painted ‘Pale-Eucalypt’ in colour.

• Associated ancillary equipment and works.

Purposes The proposed facility is necessary for Optus to provide mobile and data services to Narooma and the surrounding area.

Property Details Legal property description: Lot 7310 in DP 1137700 Street Address: Water Reservoir off Hillcrest Avenue, North Narooma NSW 2546

Town Planning Scheme

Council: Eurobodalla Shire Council Zone: 1 (a) (Rural Environmental Constraints and Agricultural Zone) Principal Designated Use: Rural

Applicable Planning Policies

Relevant State & Local Planning Policies Complies

Eurobodalla Local Environmental Plan 1987 and 2012 Yes

Use and development of the land for the construction & operation of a mobile base station.

Yes

Application Optus telecommunications facility at the Water Reservoir off Hillcrest Avenue, North Narooma NSW 2546.

Applicant Contact: Daniel Prior

Tel: 02 9439 1999

Email: [email protected]

Address: PO Box 1119, Crows Nest NSW 1585

Our Ref: S2708 North Narooma

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Table of Contents

1 Introduction 6

2 Background 7

2.1 What is a mobile base station and how do they work? 7

2.2 Purpose of the Proposal 8

3 Site Selection 9

3.1 Site Selection Process 9

3.1.1 Co-location with an Existing Facility 9

3.1.2 Greenfield Solutions 11

3.2 Site Selection Conclusion 12

4 Description of Site and Surrounds 14

5 The Proposal 16

5.1 Facility and Equipment Details 16

5.2 Access Details 16

5.3 Power Details 17

5.4 Construction of the Facility 17

5.5 Noise and Vibration 17

5.6 Erosion and Sediment Control and Waste Management 17

6 Consultation 18

6.1 Community Consultation Program 18

6.1.1 Phase One 18

6.1.12 Phase Two 19

6.2 Outcomes of the Community Consultation Program 19

6.3 Optus’ Response 19

7 Regulatory Framework 20

7.1 Commonwealth Legislation 20

7.1.1 Telecommunications Act 1997 20

7.1.2 Telecommunications Code of Practice 1997 20

7.1.3 The Deployment Code 21

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7.1.4 Environmental Protection and Biodiversity Act 1999 21

7.2 State 22

7.2.1 Environmental Planning and Assessment Act 1979 22

7.2.2 State Environmental Planning Policy 2007 23

7.2.3 Threatened Species Conservation Act 1995 28

7.2.4 Crown Lands Act 1989 28

7.3 Local 31

7.3.1 Zoning - 1 (a) (Rural Environmental Constraints and Agricultural Zone) 31

7.3.2 Development Near Zone Boundaries 36

7.3.4 Development Within the Coastal Zone 37

7.3.5 Preservation of Trees or Vegetation 41

7.3.6 Bush Fire Hazard Reduction 44

7.3.7 Earth Works 46

7.3.8 Biodiversity 48

8 Visual Impacts 50

8.1 Existing Visual Environment 50

8.1.1 Land Form 50

8.1.2 Land Uses 50

8.1.3 Significant Views 50

8.2 Visual Impact Statement Methodology 51

8.3 Impact Assessment 51

8.3.1 Significant View 1 51



8.4 Visual Impact Conclusion 52

9 Health and Safety 54

10 Flora and Fauna Assessment 55

11 Heritage 59

10.1 Aboriginal Heritage 59

10.2 Non-Indigenous 59

12 CONCLUSION 60

13.1 Summary 60

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13.2 Recommendation 60

Appendix A 61

Site Photographs 61

Appendix B 62

Design Drawings 62

Appendix C 63

Precautionary Approach Checklists 63

Appendix D 64

Environmental EME Report 64

Appendix E 65

Protected Matters Search Report 65

Appendix F 66

Bushfire Report 66

Appendix G 67

Photomontages 67

Appendix H 68

Flora and Fauna Report 68

Appendix I 69

Aboriginal Heritage Report 69

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1 Introduction

Mobile technologies play a central role in our modern society and have become a ubiquitous part of our daily routines, shaping the way society and businesses communicate, access information and complete tasks. The evolution of mobile technologies has delivered significant benefits to the Australian economy by improving productivity, business management and customer engagement. Since its introduction, mobile technology has played a key role in stimulating labour productivity growth by allowing employees to be more efficient and productive. Mobile technologies economic contribution is not limited to productivity improvements, it improves connectivity and participation in the workforce by providing employees with the tools and flexibility to work from home, promoting sustainable commuting and reducing traffic congestion. The Australian economy was cumulatively around $34 billion larger in 2015 than it would otherwise have been, due to the long-term productivity benefits attributed to mobile technologies1.

Demand for data traffic on mobile telecommunication networks has grown significantly over recent years, with the development of devices such as smartphones and tablets. Current trends indicate that global mobile data traffic increased 18-fold between 2011 and 20162 and is expected to continue at a similar rate through to 2020. As people become increasingly connected, the demand for mobile services increases, with discerning consumers demanding larger data bundles, faster access speeds, uninterrupted coverage and greater access nationwide. Just two decades ago only 4% of Australians owned a mobile device3, compared to approximately 26.3 million mobile handset subscribers in June 20174. Mobile technologies’ continual development has allowed it to become the preferred channel to access the internet for most people in Australia and the rest of the world.

To cater for the growing demand in mobile services, Optus have embarked on a nationwide rollout to deliver an improved and reliable telecommunications network to the Australian public. This rollout will result in improved mobile coverage and enhanced services to metropolitan, regional and rural areas across Australia. This will comprise of a range of activities, from upgrading existing mobile telecommunications facilities to the installation of new mobile base stations where required, to expand the coverage footprint and offer seamless mobile services to customers.

Additional base stations are required where surrounding facilities cannot provide sufficient coverage to a target area. New facilities are also required when existing base stations are fully utilised and cannot serve additional users in the area. Having undertaken an analysis of their mobile network, Optus has identified North Narooma as an area where coverage and network quality needs to be improved. As such, this Statement of Environmental Effects (SEE) has been prepared by Catalyst ONE Pty Ltd (Catalyst) on behalf of Optus Mobile Pty Ltd (Optus) to support a Development Application for the use and development of land for a telecommunications facility off Hillcrest Avenue, North Narooma, NSW 2546 (Lot 7310 in DP 1137700). This SEE provides details about the proposal and an assessment against the relevant planning controls, potential environmental impacts and identifies any relevant planning considerations to minimise negative outcomes.

1 Deloitte Access Economics Pty Ltd (Deloitte), 2016, “Mobile nation 2016: Driving workforce participation and productivity”, Report for Australian

Mobile Telecommunications Association, Sydney, viewed 1 October 2017 Available at:

https://www2.deloitte.com/au/en/pages/economics/articles/mobile-nation.html

2 Network Strategies Limited, 2010, “The future of mobile broadband services 2010”, Report 29028, Report for Australian Mobile Telecommunications

Association, Sydney

3 Australian Mobile Telecommunications Association (2008), “Mobile Telecommunications ‘Come to Age’ in Australia”, viewed 1 October

2017Available at: http://www.amta.org.au/articles/amta/Mobile.telecommunications.come.of.age.in.Australia

4 Australian Bureau of Statistics, 2016, Cat. No. 8153.0, Internet Activity, Australia, June 2017

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2 Background

2.1 What is a mobile base station and how do they work?

A base station is a facility that provides mobile coverage to a geographical area. A mobile telecommunications network is made up of a series of base stations, which operate together to provide service to users moving from place to place within a coverage area. A mobile base station is essentially a radio transmitter/transceiver and an antenna, which transmits and receives radio frequency (RF) or electromagnetic energy (EME) signals from mobile phones. A base station typically consists of a supporting structure (e.g. monopole, lattice tower or rooftop), outdoor cabinets which house the associated electronics required to send and receive mobile phone calls, a series of panel antennas which transmit and receive signals to and from the handset and either a radiocommunications dish or fibre, which links the base station to the core network.

When a call is made from a mobile phone, the first step is for the phone to check for available coverage in the local area. Once the phone has verified that there is sufficient signal strength to make the call, the phone establishes a connection with the nearby mobile phone base station. This base station then establishes and holds the call, provided the phone user remains on the call and within range of the base station.

A mobile phone base station provides coverage to a geographic area known as a “cell”. Cells are aligned next to each other in a similar pattern to a honeycomb, and it is for this reason that mobile phone networks are sometimes referred to as ‘cellular’ networks. The location of the base station within the cell is determined by a number of factors, including the topography and other physical constraints such as trees and buildings, the cell ‘capacity’ or number of calls expected to be made in the cell and the radio frequency at which the base station will operate.

Mobile phone base station antennas need to be located clear of obstructions like trees and tall buildings to ensure good signal quality. In essence, a mobile phone needs to have ‘sight’ of a mobile phone base station. In other words, the radio signal from the phone to the base station needs to be uninterrupted. Hills, trees and tall buildings can obscure this line of sight and so base stations need to be very carefully located to maximise the coverage available.

Each base station can only carry a finite number of calls. In areas of high mobile phone use, such as central business districts and high-density areas, more base stations are required to handle the level of call traffic. In high use areas, there are often a range of base stations, from very specific in-building solutions (designed to give quality coverage within a specific building), to very small base stations known as ‘microcells’. Microcells cover a small geographic area and are often found at intersections and in heavy pedestrian traffic areas. In rural areas, or areas where mobile phone use is not as high, base stations will often be located on hills or tall structures to maximise the coverage area5.

5 Mobile Carriers Forum, n.d., MCF Fact Sheets: How the mobile phone network operates, Australia, viewed 1 October 2017, Available at:

http://www.mcf.amta.org.au/pages/Fact.Sheets

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2.2 Purpose of the Proposal

Optus has undertaken an analysis of their mobile network across Narooma and the surrounding areas, identifying areas where coverage and network quality needs to be improved. If these investments are not made, two main issues arise:

• Users may have difficulty connecting to the mobile network or the call may drop out. This impacts

businesses, residents and visitors to the area and the ability of users to contact emergency services.

• Users may experience reduced data speeds, longer download times and poor network performance

at busy times of the day with data intensive and time sensitive applications (e.g. newscasts, social

media, mobile banking, weather forecasts, sports highlights etc.) due to the available capacity being

shared across too many customers.

Having identified the need for improved network performance, the optimisation of existing Optus facilities throughout the region was explored and undertaken where possible. In some instances, these activities have resolved the network deficiencies in an area, however, on this occasion, the optimisation of surrounding facilities has not been able to deliver a satisfactory outcome for the network in North Narooma.

As part of its deployment process and industry ‘best practice’, Optus opts to co-locate on other existing telecommunication facilities wherever possible. An investigation into the use of other carrier and broadcast facilities within the area did not identify any candidates that met the required coverage objectives or were located within proximity to the coverage area. As such it was concluded that the deployment of a new Optus mobile base station in the North Narooma area was the only viable solution.

The primary objective of this facility is to provide coverage and capacity to North Narooma and Princes Highway up to Kianga. The proposed candidate is suitable to meet Optus’ radiofrequency objectives to service the area.

To adequately receive and transmit radio signals, base station antennas must be established at an appropriate height, in this instance, on a monopole. The location and height of the monopole is therefore determined by the following factors:

• The availability of a suitable site based on the land use context of the area.

• The availability of a suitable site to minimise amenity impacts associated with the required facility.

• The required antenna height to clear surrounding obstacles, such as any trees and buildings.

• The required antenna height based on the topography of the area.

The factors above are used to determine the height and location of the mobile base station based on Optus’ coverage objectives.

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3 Site Selection

3.1 Site Selection Process

Optus commenced the site selection process with a search of potential sites that meet the network’s technical requirements, with a view to also having the least possible impact on the surrounding area. Optus applies and evaluates a range of criteria as part of this site selection process.

Optus assesses the technical viability of potential sites using computer modelling tools that produce predictions of the coverage that may be expected from these sites, as well as from the experience and knowledge of the radio engineers.

There are also many other important criteria that Optus uses to assess and select potential site options, these consider factors other than the technical performance of the site and include:

• The potential to upgrade existing Optus facilities within the region.

• The potential to co-locate on an existing telecommunications facility.

• The potential to locate on an existing building or structure.

• The ability to minimise environmental, visual and heritage impacts.

• Proximity of the site to community sensitive locations.

• Regulatory compliance and the potential to obtain relevant planning approvals.

• Proximity to community sensitive locations and areas of environmental heritage.

• Impacts on the existing use of the site.

• The ability to secure tenure with landowner.

• The cost of developing the site and the provision of utilities (power, access to the facility and

transmission links).

During the detailed site selection process for the new facility, Optus carefully considered all the above criteria. This analysis is detailed in the following sections.

3.1.1 Co-location with an Existing Facility

Federal, State and Local government legislation encourages the use of existing telecommunication facilities for the co-location of new antennas to minimise the proliferation of mobile telecommunication towers. Optus’ site selection process flags these potential colocation opportunities during the initial stages of candidate selection. On this occasion the existing sites, as shown in Figure 1, were not able to achieve coverage objectives for North Narooma.

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Table 1: Assessment of the existing sites in the Narooma area

Candidate Address RFNSA Site

Number Site Assessment

A 550 Kianga Forest Road,

Kianga NSW 2546 2546008

Candidate was well separated from residential development and sensitive land uses. However, it was too far west of the target area and due to the topography of the land, was unable to meet the coverage objectives for North Narooma.

B NTA Tower, Buckeridge Lookout, Narooma NSW

2546 2546003

Candidate was well separated from residential development and sensitive land uses. However, it was too far west of the target area and due to the topography of the land, was unable to meet the coverage objectives for North Narooma.

C Council Water Reservoir, Duesburys Road, Kianga

NSW 2546 2546006

Candidate was well separated from residential development and sensitive land uses. However, an upgrade at this location was unable to achieve the coverage objectives to the south.

Figure 1: Existing sites around North Narooma (Google Earth 2017)

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D Narooma Water Reservoir,

134A Wagonga Street, Narooma NSW 2546

2546004 This existing site is located on a water tank. An upgrade at this location was unable to reach the coverage objectives to the north.

3.1.2 Greenfield Solutions

When the site selection process reveals that a Greenfield solution is the only option, preference is given to the most appropriate sites; those being rural, industrial or commercial properties. As discussed in Section 3.1, there are many characteristics that determine the suitability of a potential location for a telecommunications facility. Figure 2 and Table 2 provides a summary of the Greenfield candidate sites that were identified as part of the site selection process.

Figure 2: Greenfield candidates identified during the site selection process (Google Earth 2017)

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Table 2: Assessment of potential greenfield candidates

Candidate Address Development Type

Description

A Quarry – Off Rifle Range Pit Road, Kianga NSW

2546

(Lot 174 in DP 752162)

30m Monopole

Candidate was considered to have an unacceptable environmental impact. Additionally, the candidate was too far north west to meet the coverage objectives for North Narooma.

B Water Reservoir of Hillcrest Avenue,

Narooma NSW 2546

(Lot 7310 in DP 1137700)

30m Monopole

Candidate met the coverage objectives of the target area. The site already hosts utility infrastructure (water reservoir) and there was sufficient cleared space to accommodate the facility. Additionally, there was sufficient separation from the residential properties.

C Water Tank, 33A Hillcrest Avenue, North

Narooma NSW 2546

(Lot 1 in DP 379832)

Water tank with antennas

located at a 15m elevation

Candidate is close to residential development and considered to have an unacceptable visual impact on the surrounding area. This location was not supported by council.

D 6571 Princes Highway,

Kianga NSW 2546

(Lots 1 & 2 in DP 1085232)

20m Monopole

Candidate was situated within a low-lying section of land, next to the highway that does not provide sufficient elevation. As a result, the candidate did not meet the coverage objectives for North Narooma.

E Princes Highway Kianga

NSW 2546

(Lot 1 in DP 771633)

20m Monopole

The candidate was too far north to meet the coverage objectives for North Narooma.

3.2 Site Selection Conclusion

A thorough examination of the potential candidates was undertaken; however, these were ruled out due to the following reasons:

• Lack of required coverage and network performance.

• Candidates were too far north to meet the coverage objectives for the target area.

• After initial discussions, the landowner was not willing to proceed.

• Candidate is considered to have an unacceptable visual impact on the surrounding area.

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• Candidate is considered to have an unacceptable environmental impact.

Candidate B (Water Reservoir of Hillcrest Avenue, Narooma NSW 2546) was assessed and deemed to be the most suitable location for the proposed development, in consideration of all discipline requirements. The reasons for selecting the site are as follows:

• The landowner was amenable to a tenure arrangement.

• The proposed site meets Optus’ radio frequency coverage objectives, providing the quality of service

expected of customers within the area.

• Siting the facility in proximity to other utility infrastructure, including a water reservoir to the west

and an electricity substation to the north.

• No significant clearing of vegetation was required as part of this proposal and the site already has an

existing access route.

• The facility will not inhibit the current or future use of the site for rural purposes, as it is located next

to existing utility infrastructure on underutilised land.

• There is access to existing electricity infrastructure.

Optus have undertaken a detailed assessment of the proposal, including the compliance with all applicable Commonwealth, State and local planning and environmental legislation, policies, standards and guidelines. It also involved an investigation of the potential environmental impacts associated with the development, which will be addressed in the following sections of this report.

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4 Description of Site and Surrounds

Figure 3: Subject site and surroundings (Google Maps 2017)

The subject site is located on land at the Water Reservoir off Hillcrest Avenue, Narooma NSW 2546 (legally identified as being part of Lot 7310 in DP 1137700), as shown in Figure 3. The subject site is located adjacent to other utility infrastructure, a water reservoir to the west and an electricity substation to the north. Surrounding the site are several mature vegetation buffers which will aid in screening the telecommunications facility from surrounding residential development to the north, east and south.

In terms of assessing the suitability of this site, several variables were taken into consideration to minimise any impacts associated with the proposal. The site offers the following attributes which provide a suitable context for the development:

• The site is appropriately sited within the context of Narooma, being well separated from residential

properties and sensitive land uses.

• This site has suitable ingress to and egress from the property.

• The site is appropriately sited to minimise direct views towards the facility from surrounding

residential properties as detailed in Section 8.

• The site is well separated from places of heritage or environmental significance as detailed in Sections

10 and 11.

• Existing mature trees and shrubbery adjacent to the subject site provide screening opportunities.

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• No tree or significant vegetation removal is required for both the proposed telecommunications

facility as well as the 10m Asset Protection Zone as proposed in the Bushfire Report.

A determination of whether the visual impact of the proposal is acceptable requires the site context to be assessed against the type of development and the surrounding amenity that may be adversely affected. It is Optus’ consideration that the height and location of the proposed facility do not adversely impact on the amenity of the surrounding area, due to the site context and measures to mitigate amenity impacts. The new structure does not require the removal of any trees or significant vegetation, it has been situated amongst existing utility infrastructure and the facility will be colour matched with the surrounding vegetation. To supplement the report, photographs of the subject site and the surrounding area are enclosed in Appendix A.

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5 The Proposal

5.1 Facility and Equipment Details

The specific components of the proposed installation are described below:

• Installation of one (1) 30m high monopole with a triangular headframe.

• Installation of three (3) panel antennas (not more than 2.8m in length), mounted to the turret headframe at a height of 31m (antenna centreline).

• Installation of two (2) radiocommunications dishes, mounted to the monopole at heights of 15m and 27m.

• Installation of twenty-seven (27) remote radio units (RRUs), mounted in proximity to the panel antennas.

• Installation of a 2-Bay outdoor cabinet on the ground adjacent to the monopole to house associated electronic equipment.

• Installation of proposed underground power supply, to be provided from an existing power pole within the water reservoir compound, approximately 35m west of the proposed Optus facility.

• Installation of a chain-link security compound fence (5.6m x 7.8m) and one (1) 3m wide vehicle access gate.

• The monopole and panel antennas will be painted ‘Pale-Eucalypt’ in colour.

• The installation of associated ancillary equipment and works.

The Plan and Elevation Drawings are provided in Appendix B.

5.2 Access Details

Access to the site is proposed via the existing access track off Hillcrest Avenue, which represents the shortest,

most direct and easily accessible route to the subject site. No trees are proposed to be removed via use of

the existing access route.

Any traffic impacts associated with construction will be of a short-term duration and are not anticipated to adversely impact on the surrounding road network. No road closures are expected due to the ample space on site available for the hoarding of construction materials. Upon completion of construction works, it is not anticipated that the proposed development will have any significant impact on the local traffic network or volumes.

The equipment would require maintenance visits approximately 1-2 times per year, or as required in the

event of an electrical outage or other similar events. Routine maintenance would generally involve one

vehicle per visit and parking would be available close to the subject site for this purpose. Other maintenance

would occur on an as-need basis and would not generate significant traffic movement. Any impact on the

local road system is considered to be negligible.

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5.3 Power Details

The facility will have power connected from an existing power pole within the water reservoir compound, approximately 35m north-west of the subject site, subject to the Power Authority Design specifications and approval.

5.4 Construction of the Facility

Construction activities will involve the following:

• Site preparation - including field testing, excavation and construction of monopole and equipment shelter foundations. Excavation of trenches and installation of conduits for power cables.

• Installation of the monopole and equipment cabinets – involving the delivery of the pre-fabricated equipment housing and pole sections by low loader trucks. These will be lifted into place by a crane and fixed to their respective footings, and

• Installation of the communications equipment and antennas – involving technicians working within the shelter, and riggers fixing the antennas to the monopole.

• The daily construction process will require three to six workers on site and an average of four to six vehicle movements. The general construction timeframe, weather dependent, is approximately 6 weeks.

5.5 Noise and Vibration

Noise and vibration emissions associated with the proposed facility will be limited to the construction phase outlined above. Noise generated during the construction phase, will be short-term in duration and in accordance with the standards outlined in the Environmental Protection Regulation 1998 and Environmental Protection (Noise) Policy 1997.

5.6 Erosion and Sediment Control and Waste Management

Appropriate construction management measures, incorporating soil erosion and sediment controls, in accordance with the relevant regulations of the “Blue Book” – ‘Managing Urban Stormwater: Soils and Construction’ will be implemented6.

Once constructed, telecommunications facilities are unmanned and remotely operated, they do not generate any waste of emissions as part of their operation, nor do they require connections to utility services such as waste or water.

6 Landcom, 2004, “Managing Urban Stormwater: Soils and Construction”, 4th ed, Parramatta N.S.W, Landcom

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6 Consultation

Due to the proximity of the proposed telecommunications facility to sensitive community uses and the perceived potential for visual impact on the amenity of the area, Optus has sought to engage the community about the proposal prior to the formal submission of this Development Application. These activities occurred in two phases, as detailed below:

6.1 Community Consultation Program

6.1.1 Phase One

Optus believes that the community should be kept up to date with proposed changes to the local infrastructure and provided a preliminary information pamphlet prior to the lodgement of the Development Application. The pamphlet contained information about the proposal, site location, potential impacts, intended actions and gave residents 15 business days to provide their comments and feedback on the proposal. The pamphlet drop was conducted on Monday 28th August 2017 and delivered to residents within vicinity of the proposal, as shown in Figure 4. Furthermore, a Public Notice was published in the Narooma News on Wednesday 30th August 2017 to notify the wider community about the proposal.

Figure 4: Community consultation notification area represented by the green colouration (Google Earth Pro 2017)

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6.1.12 Phase Two

Phase two of the community consultation involved a Community Information Session (CIS), which was held on the evening of the Thursday 7th September 2017 from 4:00pm until 7:00pm at the Dalmeny Community Hall. This session allowed members of the community to view details of the proposal, talk with representatives from Optus, and obtain more information on the site selection process, coverage objectives, town planning activities, EME or the network as whole.

6.2 Outcomes of the Community Consultation Program

A total of zero (0) submissions were received during the consultation process and a total of one (1) participant(s) attended the CIS. A summary of the queries raised are shown in Table 3.

Table 3: Summary of issues raised during the consultation period

Issue Raised Number of

Times Raised

Response

Location of the proposed facility 1 Further information about the location was provided to the attendee.

Height of the proposed facility 1 Attendee was provided with further information about the height of the facility, as well as the plan and elevation drawings.

Visual Impact 1

Attendee raised a query about the visual impact from their property. He was directed to the three photomontages from surrounding viewpoints and advised that there was a mature vegetation buffer to the north east, with vegetation of approximately 25m in height which would screen the ground equipment and lower portion of the monopole from view, with only the top of the monopole and antennas protruding above the tree line. Furthermore, the monopole and panel antennas will be painted ‘’Pale-Eucalypt’ to blend the in with the surrounding vegetation.

6.3 Optus’ Response

The attendee was satisfied with the information provided and no further submissions were received in response to the proposal. As such, it is Optus’ intention to proceed with the submission of this Development Application to Eurobodalla Shire Council in its current form. It is Optus’ understanding that Council will conduct its own notification activities in accordance with their own development application process, providing residents with a second opportunity to provide feedback on the proposal.

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7 Regulatory Framework

The following legislation is relevant to the preparation of this SEE:

• Telecommunications Act 1997 (the Act);

• Telecommunications Code of Practice 1997 (the Code);

• Telecommunications (Low-impact Facilities) Determination 1997 (the Determination);

• Industry Code C564:2011 - Mobile Phone Base Station Deployment (the Deployment Code);

• Environment Planning and Assessment Act 1979 (the EPA);

• State Environmental Planning Policy (Infrastructure) 2007 (the SEPP);

• NSW Telecommunications Facilities Guideline including Broadband July 2010 (the Guideline);

• Eurobodalla Local Environmental Plan 2012 (the LEP);

• Eurobodalla Rural Local Environmental Plan 1987 (the 1987 LEP);

• Eurobodalla Development Control Plan 2012 (the DCP);

• Crown Lands Act 1989 (Crowns Land Act).

7.1 Commonwealth Legislation

7.1.1 Telecommunications Act 1997

The Telecommunications Act came into operation in July 1997 setting up a framework for regulating the actions of telecommunications carriers and service providers such as Optus, which is a licensed carrier under the Act.

This legislation establishes the criteria for ‘Low-Impact’ telecommunication facilities, as defined by the Determination, under subclause 6(3) of Schedule 3 of the Act. A proposed facility is a Low-Impact facility if it meets the requirements of the Determination. Under the Act and the Determination certain telecommunications facilities cannot be classified as low-impact facilities. In this instance, a new monopole cannot be classified as a low-impact facility under the legislation, and accordingly, State and Local planning laws apply.

7.1.2 Telecommunications Code of Practice 1997

The Code is established under the Act, which sets out the conditions under which a carrier must operate. Section 2.11 of the Commonwealth Code sets out the design, planning and installation requirements for the carriers to ensure the installation is in accordance with industry “best practise”. This is required to:

“…Minimise the potential degradation of the environment and the visual amenity associated with the facilities.”

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Best practise also involves the carrier complying with any relevant industry code or standard that is registered by the Australian Communications and Media Authority (ACMA) under Part 6 of the Act.

7.1.3 The Deployment Code

In response to calls for greater council and community involvement when telecommunications facilities are installed, the Communications Alliance Ltd developed the ‘Industry Code C564:2011 - Mobile Phone Base Station Deployment’ (“the Deployment Code”). The Deployment Code cannot change the existing regulatory regime for telecommunications at Local, State or Federal level. However, it supplements the existing obligations on carriers, particularly in relation to community consultation and the consideration of exposure to radio signals, sometimes known as electromagnetic energy (EME or EMR).

The Deployment Code imposes mandatory levels of notification and community consultation for sites complying with the Determination. It identifies varying levels of notification and/or consultation depending on the type and location of the infrastructure proposed.

As the proposed telecommunications facility is not considered to be a ‘low-impact’ facility under the Determination, it is not subject to the notification or consultation requirements associated with the Deployment Code. These processes are handled within the relevant State and Local consent public notification procedures.

Nevertheless, Sections 4.1 and 4.2 of the Deployment Code are relevant to the preparation of this Application for Planning Permit and we confirm that Optus has applied the Precautionary Approach to site selection and design in accordance with Sections 4.1 and 4.2 of the Deployment Code. The Precautionary Approach Checklist (PAC) has been prepared in accordance with Sections 4.1 and 4.2 of the Deployment Code and are enclosed in Appendix C.

Included in the Section 4.1 PAC is a statement on how the public’s exposure to EME from the site has been minimised. All emissions from the site will be well within the limits of the relevant Australian Standard. Details of this standard are contained in the following section. The Section 4.2 PAC demonstrates how the proposal has been designed in accordance with the Deployment Code ‘precautionary approach.

The subject site has been selected and designed to comply with the requirements of the Deployment Code and the precautionary approach, which has been adhered to.

7.1.4 Environmental Protection and Biodiversity Act 1999

The EPB&C Act relates to the assessment and approval of development proposals where those proposals involve actions that have a significant impact on matters of national environmental significance, the environment of Commonwealth owned land and actions carried out by the Commonwealth Government.

The subject site is located next to existing utility infrastructure and the land has previously been cleared of vegetation. The proposal is not considered to have a significant impact on the matters in the EPB&C Act, as such, the proposal is not of national environmental significance as defined under the EPB&C Act, as it will not impact on:

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• World Heritage Areas;

• Wetlands protected by International Treaty (The RAMSAR Convention);

• Nationally listed threatened species and communities; and

• Nationally listed migratory species;

It is therefore considered that the proposal does not warrant referral to the Commonwealth Government under the requirements of the EPB&C Act.

7.2 State

7.2.1 Environmental Planning and Assessment Act 1979

This SEE provides a summary of the matters for consideration set out in Section 79C of the Environmental Planning and Assessment Act 1979. Clause (1) provides that:

“In determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application:

(a) the provisions of:

(i) any environmental planning instrument, and

(ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Secretary has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and

(iii) any development control plan, and

…

(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

(c) the suitability of the site for the development,

(d) any submissions made in accordance with this Act or the regulations,

(e) the public interest.”

The sections within this SEE address each of the matters for consideration noted above. Any Environmental Planning Instrument (EPI) in relation to the development application includes the Infrastructure SEPP and the Eurobodalla LEP; and any development control plan in relation to the development application includes the Eurobodalla DCP.

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7.2.2 State Environmental Planning Policy 2007

The Infrastructure SEPP was introduced with the purpose of simplifying planning controls for infrastructure developments and facilitating public consultation during the development assessment process. The Infrastructure SEPP sets out state-wide planning provisions and development controls for telecommunication facilities in NSW. The Infrastructure SEPP allows telecommunications facilities to be either exempt from planning approval, or permissible with consent.

A telecommunications facility has been defined as:

“(1) any part of the infrastructure of a telecommunications network, or

(2) any line, optical fibre, equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunication network.”

Clause 115(1) provides that:

“Development for the purposes of telecommunications facilities, other than development in clause 114 or development that is exempt development under clause 20 or 116, may be carried out by any person with consent on any land.”

Telecommunications facilities are therefore permissible in all zones within Eurobodalla Shire Council, though only with consent (where the facility is not a low-impact facility within the meaning of the Determination). The proposed telecommunications facility is consistent with the Infrastructure SEPP definition and is considered as development permitted with consent.

Clause 115(3) of the Infrastructure SEPP also provides that:

“Before determining a development application for development to which this clause applies, the consent authority must take into consideration any guidelines concerning site selection, design, construction or operating principles for telecommunications facilities that are issued by the Director-General for the purposes of this clause and published in the Gazette.”

The relevant guideline referred to is the Guideline, which contains principles in relation to telecommunications facilities as follows:

• Principle 1: A Telecommunications facility is to be designed and sited to minimise visual impact

• Principle 2: Telecommunications facilities should be co-located wherever practical

• Principle 3: Health standards for exposure to radio emissions will be met

• Principle 4: Minimise disturbance and risk, and maximise compliance

An assessment of the proposed development against each principle is provided in Table 4. The Infrastructure SEPP recognises the importance of telecommunications facilities, including that planning decisions should

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reflect a reasonable balance between the provision of important telecommunications services and the need to protect the environment from adverse impacts arising from telecommunications infrastructure. In line with this, the proposal aims to deliver the services to the North Narooma area, which are required by Optus mobile customers. Whilst it is acknowledged that some amenity impacts may occur because of the proposed use and development, the importance of the services to the community are recognised in the legislative context.

Table 4: Assessment of the proposal against the Site Selection, Design, Construction and Operation Principles for Telecommunications Facilities

Principle Planning Response

Principle 1: A telecommunications facility is to be designed and sited to minimise visual impact

(a) As far as practical, a telecommunications facility that is to be mounted on an existing building or structure should be integrated with the design and appearance of the building or structure.

(b) The visual impact of telecommunications facilities should be minimised, visual clutter is to be reduced particularly on tops of buildings, and their physical dimensions (including support mounts) should be sympathetic to the scale and height of the building to which it is to be attached, and sympathetic to adjacent buildings.

(c) Where telecommunications facilities protrude from a building or structure and are predominantly backgrounded against the sky, the facility and their support mounts should be either the same as the prevailing colour of the host building or structure, or a neutral colour such as grey should be used.

(d) Ancillary facilities associated with the telecommunications facility should be screened or housed, using the same colour as the prevailing background to reduce its visibility, including the use of existing vegetation where available, or new landscaping where possible and practical.

(e) A telecommunications facility should be located and designed to respond appropriately to its rural landscape setting.

(f) A telecommunications facility located on, or adjacent to, a State or local heritage item or within a heritage conservation area, should be sited and designed with external colours, finishes and scale sympathetic to those of the heritage item or conservation area.

a) No suitable buildings or structures were identified within the search area that could host the proposed telecommunications infrastructure.

b-e,g) It is anticipated that the proposed facility will have a localised impact on the visual amenity of North Narooma. The site is situated amongst existing utility infrastructure, consisting of a water reservoir and electricity substation.

As mentioned in Section 2.1, one of the limitations of base station antennas is that they need to be located clear of obstructions like trees and tall buildings to ensure good signal quality. Whilst the ground equipment and lower portion of the monopole can be screened from surrounding viewpoints, the panel antennas will protrude above the tree line. A monopole height of 30m was selected as this achieved the coverage objectives whilst providing the minimum clearance above the tree line.

The facility is surrounded by mature vegetation, which will screen the ground equipment and lower portion of the monopole from surrounding viewpoints. It is proposed that the monopole and panel antennas will be painted ‘Pale Eucalypt’ to blend the top of the facility in with the surrounding vegetation.

The above listed mitigation measures have been implemented to reduce the visual impact and improve assimilation into its immediate and wider surroundings.

f) The proposed facility is not located on, or near a heritage item or conservation area.

h) Noted.

i) Noted.

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(g) A telecommunications facility should be located so as to minimise or avoid the obstruction of a significant view of a heritage item or place, a landmark, a streetscape, vista or a panorama, whether viewed from public or private land.

(h) The relevant local government authority must be consulted where the pruning, lopping, or removal of any tree or other vegetation would contravene a Tree Preservation Order applying to the land or where a permit or development consent is required.

(i) A telecommunications facility that is no longer required is to be removed and the site restored, to a condition that is similar to its condition before the facility was constructed.

(j) The siting and design of telecommunications facilities should be in accordance with any relevant Industry Design Guides.

j) The siting and design of this facility has been undertaken in accordance with all relevant industry design guidelines.

Principle 2: Telecommunications facilities should be co-located wherever practical

(a) Telecommunications lines are to be located, as far as practical, underground or within an existing underground conduit or duct.

(b) Overhead lines, antennas and ancillary telecommunications facilities should, where practical, be co-located or attached to existing structures such as buildings, public utility structures, poles, towers or other radio communications equipment to minimise the proliferation of telecommunication facilities and unnecessary clutter.

(c) Towers may be extended for the purposes of co-location.

(d) The extension of an existing tower must be considered as a practical co-location solution prior to building new towers.

(e) If a facility is proposed not to be co-located the proponent must demonstrate that co-location is not practicable.

(f) If the development is for a co-location purpose, then any new telecommunications facility must be designed, installed and operated so that the resultant cumulative levels of radio frequency emissions of the co-located telecommunications facilities are within the maximum human exposure levels set out in the Radiation Protection Standard.

Note: Co-location is ‘not practicable’ where there is no existing tower or other suitable

a) Not applicable to this proposal.

b) No suitable buildings or structures were identified within the search area that could host the proposed telecommunications infrastructure.

c) Not applicable to this proposal.

d) No existing towers were identified within the search area that could host the proposed mobile telecommunications infrastructure and meet the coverage objectives for the area.

e) Refer to Section 3.1.1 for further information on alternative candidates.

f) Not applicable to this proposal.

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telecommunications facility that can provide equivalent site technical specifications including meeting requirements for coverage objectives, radio traffic capacity demands and sufficient call quality.

Principle 3: Health standards for exposure to radio emissions will be met

(a) A telecommunications facility must be designed, installed and operated so that the maximum human exposure levels to radiofrequency emissions comply with Radiation Protection Standard. Refer also to Appendix D.

(b) An EME Environmental Report shall be produced by the proponent of development to which the Mobile Phone Network Code applies in terms of design, siting of facilities and notifications. The Report is to be in the format required by the Australian Radiation Protection Nuclear Safety Agency. It is to show the predicted levels of electromagnetic energy surrounding the development comply with the safety limits imposed by the Australian Communications and Media Authority and the Electromagnetic Radiation Standard, and demonstrate compliance with the Mobile Phone Networks Code.

a) The facility will comply with Australian government regulations in relation to emission of electromagnetic energy (EME), this specifically being Australian Standard Radiation Protection Standard – Maximum Exposure Levels to Radiofrequency Fields – 3 kHz to 300 GHz, published by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) in 2002.

b) The maximum cumulative EME level at 1.5m above ground level for all carriers at this site is 0.64% of the ARPANSA exposure limits. A copy of the Environmental EME Report has been provided in Appendix D.

Principle 4: Minimise disturbance and risk, and maximise compliance

(a) The siting and height of any telecommunications facility must comply with any relevant site and height requirements specified by the Civil Aviation Regulations 1988 and the Airports (Protection of Airspace) Regulations 1996 of the Commonwealth. It must not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 30 kilometres of the proposed development and reported to the Civil Aviation Safety Authority Australia.

(b) The telecommunications facility is not to cause adverse radio frequency interference with any airport, port or Commonwealth Defence navigational or communications equipment, including the Morundah Communication Facility, Riverina.

(c) The telecommunications facility and ancillary facilities are to be carried out in accordance with the applicable specifications (if any) of the

a) No airports or aerodromes were identified within 30km of the proposed site.

b) Noted.

c) The panel antennas and ancillary equipment associated with this proposal, will be installed and operated in accordance with all manufacturer specifications.

d) Not applicable to this proposal.

e) The proposed facility will be erected wholly within the boundary of the property where the landowner has agreed to the facility being located on the land.

f) Construction of the proposed telecommunications facility will be carried out in accordance with all relevant regulations of the Blue Book – ‘Managing Urban Stormwater: Soils and Construction’ (Landcom 2004), or its replacement.

g) The proposed facility has been sited to minimise any obstruction or risk to pedestrian and vehicles. Additionally, appropriate mitigation measures will be implemented during the construction process.

h) Noted.

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manufacturers for the installation of such equipment.

(d) The telecommunications facility is not to affect the structural integrity of any building on which it is erected.

(e) The telecommunications facility is to be erected wholly within the boundaries of a property where the landowner has agreed to the facility being located on the land.

(f) The carrying out of construction of the telecommunications facilities must be in accordance with all relevant regulations of the Blue Book – ‘Managing Urban Stormwater: Soils and Construction’ (Landcom 2004), or its replacement.

(g) Obstruction or risks to pedestrians or vehicles caused by the location of the facility, construction activity or materials used in construction are to be mitigated.

(h) Where practical, work is to be carried out during times that cause minimum disruption to adjoining properties and public access. Hours of work are to be restricted to between 7.00am and 5.00pm, Mondays to Saturdays, with no work on Sundays and public holidays.

(i) Traffic control measures are to be taken during construction in accordance with Australian Standard AS1742.3-2002 Manual of uniform traffic control devices – Traffic control devices on roads.

(j) Open trenching should be guarded in accordance with Australian Standard Section 93.080 – Road Engineering AS1165 – 1982 – Traffic hazard warning lamps.

(k) Disturbance to flora and fauna should be minimised and the land is to be restored to a condition that is similar to its condition before the work was carried out.

(l) The likelihood of impacting on threatened species and communities should be identified in consultation with relevant state or local government authorities and disturbance to identified species and communities avoided wherever possible.

(m) The likelihood of harming an Aboriginal Place and / or Aboriginal object should be identified. Approvals from the Department of Environment, Climate Change and Water (DECCW) must be

i) It is anticipated that there is sufficient space on the property to park vehicles and store materials. If required a Traffic Managed Plan can be provided as a condition of consent in accordance with the Australian Standard AS1742.3-2002 Manual of uniform traffic control devices – Traffic control devices on roads.

j) Noted.

k) The proposed facility has been sited and designed to minimise any disturbance to flora and fauna. Upon completion of the construction works, the land will be restored to a similar condition prior to the commencement of work.

l) It is not anticipated that the proposal will have an impact upon any threatened species or communities. Refer to Section 10 for further information on Flora and Fauna.

m) No Aboriginal places or objects were identified within the vicinity of the site. During construction, should any items of aboriginal heritage be discovered work would cease immediately and the relevant authorities identified. No work would commence until approval was given to proceed. Refer to Section 11 for further information on Aboriginal Heritage.

n) Upon completion of the construction works, any street furniture, paving or other existing facilities removed or damaged during construction will be reinstated to at least the same condition as that which existed prior to the telecommunications facility being installed.

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obtained where impact is likely, or Aboriginal objects are found.

(n) Street furniture, paving or other existing facilities removed or damaged during construction should be reinstated (at the telecommunications carrier’s expense) to at least the same condition as that which existed prior to the telecommunications facility being installed.

The proposal is compliant with the Site Selection, Design, Construction and Operation Principles for Telecommunications Facilities based on the above information.

7.2.3 Threatened Species Conservation Act 1995

The purpose of the TSC Act is to protect species, populations and ecological communities that are threatened with extinction in NSW. The main objectives of the TSC Act are to:

• Conserve biological diversity and promote sustainable development;

• Prevent the extinction of native plants and animals;

• Protect habitat that is critical to the survival of endangered species;

• Eliminate or manage threats to biodiversity;

• Properly assess the impact of development on threatened species;

• Encourage cooperative management in the conservation of threatened species.

The TSC Act provides for the facilitation of the appropriate assessment, management and regulation of actions that may damage critical or other habitat or otherwise significantly affect threatened species, populations and ecological communities. As identified in the Protected Matters Report, 47 Threatened Species and 2 Threatened Ecological Community have been recorded within a 1km radius of the site. A copy of the Protected Matters Report is available from Appendix E.

As the site has been subjected to significant disturbance and has a small development footprint, it is not anticipated that the proposal will have a significant impact on any threatened species or ecological communities. The impact of flora and fauna will be discussed in further detail in Section 10.

7.2.4 Crown Lands Act 1989

The subject site is located on property designated as Crown Land, which is managed in accordance with the Crown Lands Act 1989. Clause 11 of the Crown Lands Act establishes ‘The Principles of Crown Land Management’, a set of principles and guidelines on how Crown land is to be managed. As part of Optus’ due diligence, an assessment of the proposal in response to the specific principles is provided in Table 5.

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Table 5: Assessment of the proposal against the Principles of Crown Land Management

Principle Planning Response

(a) that environmental protection principles be observed in relation to the management and administration of Crown land.

Optus have applied a precautionary approach to the site design and selection of this proposal. The subject site is in a predominantly residential area, so no structures or facilities were available as co-location opportunities on this occasion. As such, a new ‘Greenfield’ facility has been proposed.

The site was considered appropriate as the land has undergone significant historical vegetation removal. There will be some on-going tree trimming and maintenance to ensure the trees at the boundary of the Asset Protection Zone do not encroach in this boundary, however no significant vegetation removal is required as part of this proposal.

Telecommunications facilities are unmanned and remotely operated, they do not generate any waste or emissions as part of their operation, nor do they require a connection to utility services such as waste and water. Furthermore, the facility will not result in any significant increase in pedestrian or vehicular traffic to the area, so it is not anticipated that the proposal will result in any ongoing environmental degradation.

The facility has been situated in amongst other utility infrastructure and will not impact on their operational or clearance requirement, nor the future use of the land for rural or community purposes. A number of mitigation measures have been proposed to reduce the visual impact of the facility as far as possible.

It is considered that the proposal is in accordance with this principle.

(b) that the natural resources of Crown land (including water, soil, flora, fauna and scenic quality) be conserved wherever possible.

The proposed facility has been sited and designed to minimise any impact on the natural resources of Crown Land.

The visual impact associated with the proposed facility is considered to be moderate. The proposed facility is surrounded by mature vegetation, which will screen the ground equipment from view. It is proposed that the monopole and panel antennas be painted ‘Pale Eucalypt’ to blend in with the surrounding vegetation. As mentioned in Section 2.1, one of the limitations of base station antennas is that they need to be located clear of obstructions

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like trees and tall buildings to ensure good signal quality. As such, the top of the monopole and the antennas will protrude above the tree line. A monopole height of 30m was proposed, as this was the minimum height required to achieve the coverage objectives, whilst being balanced against the visual impact of the proposal. In this instance, the benefits associated with improved services outweigh the amenity impacts associated with the facility.

(c) that public use and enjoyment of appropriate Crown land be encouraged,

The proposed use and development of the land is co-sited at existing utility water infrastructure, and therefore does not inhibit the public use or enjoyment of the land.

(d) that, where appropriate, multiple use of Crown land be encouraged,

The proposed use is compatible with the existing land use, as the subject site currently hosts existing water utility infrastructure. The proposal is not expected to restrict additional compatible land uses being undertaken in the future.

The proposed facility is appropriately sited to ensure that use of the land is not restricted, and only a small portion of the land is required.

Use of Crown land for infrastructure provision will result in an overall community benefit, due to the provision of improved mobile coverage services to the North Narooma area.

(e) that, where appropriate, Crown land should be used and managed in such a way that both the land and its resources are sustained in perpetuity, and

The proposed use and development does not impact upon Crown land and its resources being sustained in perpetuity. When operational, telecommunications facilities are unmanned and remotely operated, they do not generate any odours or waste as part of their operation. Nor do they general additional demand for pedestrian or vehicular traffic. It is not anticipated that the proposal will impact upon Crown lands principle of managing and land and its resources in perpetuity.

(f) that Crown land be occupied, used, sold, leased, licensed or otherwise dealt with in the best interests of the State consistent with the above principles.

The proposed use and development is in accordance with the principles of Section 11 of the Crown Lands Act 1989 as detailed above. The proposal will provide improved mobile telecommunications services to the surrounding community.

The proposal is considered to be compliant with the Principles of Crown Land Management, the proposal will provide a net community benefit by delivering improved telecommunications services, whilst having a minimal impact upon the natural resources of the crown. Furthermore, the proposal will not diminish the ability of the land to be used and managed in perpetuity.

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7.3 Local

The subject site is located within the Eurobodalla Shire Council area and is therefore subject to the statutory controls and provisions of the Eurobodalla LEP. The Eurobodalla LEP set outs controls for the use and development of land, providing an assessment framework for any proposals to use and develop land. Part 2 of the LEP outlines objectives and permissions within the land use zone. The Eurobodalla LEP is supported by the Eurobodalla DCP, which relates to issues of legislative, administrative and technical aspects of development. As part of the assessment process for use and development associated with a telecommunications facility, Section 7.3 provides an assessment of the proposal against the Eurobodalla LEP and DCP.

The Eurobodalla LEP, 1987 LEP and DCP identify several development standards and planning provisions that are applicable to this proposal, these include:

• Land Zoning

• Development Near Zone Boundaries

• Development Within the Coastal Zone

• Preservation of Trees or Vegetation

• Bush Fire Hazard Reduction

• Earth Works, and

• Biodiversity

7.3.1 Zoning - 1 (a) (Rural Environmental Constraints and Agricultural Zone)

Figure 5: The blue pin marks the approximate location of the proposed facility on the Land Zoning Map (NSW Planning Portal 2017)

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As the subject site is located within a Deferred Matters (DM) Zone under the LEP, the proposal is subject to the zoning provisions of the 1987 LEP under the 1(a) Rural Agricultural Constraints and Agricultural Zoning.

As noted above, Division 21 Clause 115 of the Infrastructure SEPP stipulates that:

“(1) Development for the purposes of telecommunications facilities, other than development in clause 114 or development that is exempt development under clause 20 or 116, may be carried out by any person with consent on any land.”

Accordingly, the proposed telecommunications facility at North Narooma may be carried out with development consent. Although permissibility of the proposed facility is established under the Infrastructure SEPP, the zone objectives of the 1987 LEP are applicable to this proposal and discussed in Table 6.

Table 6: Assessment of the Proposal Against the 1(a) (Rural Environmental Constraints and Agricultural Zone) Land Zoning

Zone Objectives Planning Response

(a) to permanently maintain as rural, land:

(i) having proven or potential agricultural productivity,

(ii) at risk from bushfire or flooding,

(iii) remote from existing settlements,

(iv) for which it is uneconomical to provide public facilities and essential services,

(v) characterised by steep slopes or other environmental constraints, or

(vi) having significant scenic, habitat or other natural or cultural conservation value

ai) The proposal has a small development footprint and is situated in amongst other utility infrastructure. It is not anticipated that the proposal will impact upon land having proven or potential agricultural productivity.

ii) The land has been identified as bushfire prone land. A Bushfire Assessment Report has been completed and will be discussed in further detail in Section 7.3.6.

iii) The proposal will have a localised impact on the surrounding residences. Several mitigation measures have been proposed to reduce the visual impact of the proposal from surrounding viewpoints.

iv) When operational, telecommunications facilities are unmanned and remotely operated, they do not require utility services such as water or sewerage and do not generate any waste or emissions. As such they will not generate any additional demand for pedestrian or vehicular traffic and will therefore not require and associated public facilities or essential services.

v) The site is located on flat land, which slopes steeply down towards the south below the proposed facility. The site has undergone significant vegetation disturbance and the development has a small footprint, as such it is not anticipated that

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there will be any significant impacts resulting from the proposal.

vi) For further information on the visual impact, please refer to Section 8.

(b) on or in relation to land which has proven or potential agricultural productivity:

(i) to prevent subdivision of land holdings into parcels unsuitable in size or shape for sustained agricultural production

(ii) to limit the erection of dwellings to the minimum necessary to maintain or enhance the long term agricultural viability of the land, and

(iii) to minimise the erection of structures and establishment of permitted non-agricultural uses on better quality agricultural land

bi) No subdivision is proposed.

ii) The proposed site is located adjacent to existing utility infrastructure on underutilised land. It is not anticipated that the proposal will impact upon the long term agricultural viability of the land.

iii) The site already hosts water utility infrastructure and the proposal as a small development footprint. It is not expected to impact on better quality agricultural land.

(c) to permit recreational or tourist facilities only where such facilities are related to and compatible with the natural characteristics or rural activity of the zone

c) Not applicable to this proposal.

(d) to minimise development on land which has significant environmental constraints or hazards and ensure that any development in these areas makes adequate provision for maintaining environmental quality

d) The subject site has undergone significance vegetation disturbance, having been previously cleared of all significant vegetation. The location of the telecommunications equipment and APZ has sufficient clearance to avoid any further removal of significant vegetation.

When operational, telecommunications facilities are unmanned and remotely operated, they do not require utility services such as water or sewerage and do not generate any waste or emissions. As such they will not generate any additional demand for pedestrian or vehicular traffic. It is not anticipated that the proposal will result in significant further decline in environmental quality.

(e) to ensure that subdivision of land in the zone occurs only where it is necessary to maintain or increase agricultural production or to allow the conduct of any use permitted in this zone other than dwelling-houses, dual occupancy or rural workers’ dwellings

e) Not applicable to this proposal.

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(f) to permit a variety of uses where these are compatible with rural activity and the capability of the land, or require a location remote from urban areas or villages, or both, and

f) The proposed facility will provide essential telecommunication services to the residential and business customers in the North Narooma area. The site is located on land that hosts existing utility infrastructure with some separation from the nearby urban areas and villages.

(g) to permit the provision, expansion or maintenance of utility services within this zone.

g) The proposed telecommunications facility complies with this objective in providing mobile telecommunications facilities to North Narooma.

In July 2016, Council endorsed a planning proposal to implement the recommendations of the Rural Land Strategy. This strategy proposes a number of amendments to the LEP, one of which was a zoning change of the subject site to a RU1 Primary Production Zone. As such the proposal will be assessed under the proposed future zoning to demonstrate future compliance.

NOTE: At the time of submission of this Statement of Environmental Effects the Rural Land Strategy was still under assessment with the NSW Department of Planning and Environment for a Gateway Determination and the proposed changes have not been implemented.

Table 7: Assessment of the proposal against the RU1 - Primary Production Zone


To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

The site is appropriately sited within the context of the property and surrounding area.

The site does not impact the current land use or its ability to be used as a water reservoir or for rural primary production purposes.

The proposed facility is supported by the land owner.

The proposed facility is sited and design to minimise adverse impacts to visual amenity and the scenic quality of the surrounding area.

To encourage diversity in primary industry enterprises and systems appropriate for the area.

The proposed facility is sited to allow for the orderly development of the land in the future.

Uses encouraged by the primary production and rural zoning objectives may continue immediately adjacent to the subject site.

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The proposal will provide essential telecommunications services to primary industry enterprises in the area.

To minimise the fragmentation and alienation of resource lands.

The construction and operation of the proposed facility does not involve the removal of any trees or significant vegetation, or any disturbance to resources or current land uses.

To minimise conflict between land uses within this zone and land uses within adjoining zones.

The site is naturally screened by the existing mature trees to protect the amenity of the area and minimise direct views towards the facility. Refer to Section 8 for further information on visual impact.

To conserve and maintain productive prime crop and pasture land.

The site is positioned separate to the rural land uses within the area and is naturally screen by mature trees. The facility will not impact on any surrounding land uses, including crops and pasture land.

The subject site is not considered to be in an environmentally sensitive location.

To conserve and maintain the economic potential of the land within this zone for extractive industries.

The proposed facility is sited adjacent existing development and contained wholly within the property accommodating a water reservoir.

It is considered that the proposal is consistent with the purpose of the 1(a) (Rural Environmental Constraints and Agricultural Zone) and RU1 Primary Production Land Zoning as outlined above. The installation of a telecommunications facility at this site will have a limited impact on the land use, its objectives and the existing rural land use surrounding the subject site. In addition, the provision of essential infrastructure will aid the community around which the infrastructure is located.

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7.3.2 Development Near Zone Boundaries

Table 8: Assessment of the Proposal Against the R5 – Large Lot Residential Zone


To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.

The proposal is not for residential housing.

The construction and operation of the proposed facility does not involve the removal of any trees or significant vegetation, or any disturbance to resources or current land uses.

The proposed facility is sited and design to minimise adverse impacts to visual amenity and the scenic quality of the surrounding area. The site is screened on all sides with existing mature vegetation which together with the proposed colour of the telecommunications equipment, will aid in minimising the visual disturbance and improve assimilation into its immediate and wider surroundings. As mentioned in Section 2.1 of this SEE, one of the limitations of base station antennas need to be located clear of obstructions like trees and tall buildings to ensure good signal quality. This means that the top of the monopole and the antennas will protrude above the tree line. A monopole height of 30m was selected as this achieved the coverage objectives, whilst being balanced against the visual impact of the proposal.

To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.

The proposal will not hinder the proper and orderly development of urban areas in the future. It will provide essential telecommunications services to both existing and future urban areas in North Narooma.

To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

During their operation, telecommunications facilities are unmanned and remotely operated, they do not generate any odours or emissions as part of their operation, nor do they require connections to utility services such as waste or water. No significant additional pedestrian or vehicular traffic movement will be generated as a result of this proposal.

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To minimise conflict between land uses within this zone and land uses within adjoining zones.

The site is naturally screened by the existing mature trees to protect the amenity of the area and minimise direct views towards the facility. Refer to Section 8 for further information on visual impact. The proposal is considered to be in harmony with the objectives of both zones.

To provide opportunities for small scale rural activities where compatible with the existing residential accommodation.

The site is positioned separate to the rural land uses within the area and is naturally screen by mature trees. The facility will not impact on any surrounding land uses, including crops and pasture land.

It is considered that the proposal is consistent with the purpose of the R5 Large Lot Residential Land Zone as outlined above. The installation of a telecommunications facility at this site will have a limited impact on the land use, its objectives and the existing rural land use surrounding the subject site. The proposal will not impact upon future urban development in the area, it will provide essential telecommunications services to both existing and future urban growth.

7.3.4 Development Within the Coastal Zone

Figure 6: Red pin marks the location of the proposed facility within the coastal zone boundary (Department of Planning & Environment 2017)

Legend

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Table 9: Assessment of the proposal against the Coastal Zone Objectives


1 (a) to provide for the protection of the coastal environment of the State for the benefit of both present and future generations through promoting the principles of ecologically sustainable development.

a) The proposal is consistent with the principles of ecologically sustainable development, as discussed in the following sections.

(b) to implement the principles in the NSW Coastal Policy, and in particular to:

(i) protect, enhance, maintain and restore the coastal environment, its associated ecosystems, ecological processes and biological diversity and its water quality, and

(ii) protect and preserve the natural, cultural, recreational and economic attributes of the NSW coast, and

(iii) provide opportunities for pedestrian public access to and along the coastal foreshore, and

(iv) recognise and accommodate coastal processes and climate change, and

(v) protect amenity and scenic quality, and

(vi) protect and preserve rock platforms, beach environments and beach amenity, and

(vii) protect and preserve native coastal vegetation, and

(viii) protect and preserve the marine environment, and

(ix) ensure that the type, bulk, scale and size of development is appropriate for the location and protects and improves the natural scenic quality of the surrounding area, and

(x) ensure that decisions in relation to new development consider the broader and cumulative impacts on the catchment, and

bi) The proposed site is situated on land that currently hosts existing utility infrastructure and has previously been cleared of significant vegetation. No further removal of any significant vegetation is required as part of this proposal. During their operation, telecommunications facilities are unmanned and remotely operated, they do not generate emissions or waste, nor do they require any connection to utility services such as waste or water. No significant additional pedestrian or vehicular traffic movement will be generated as a result of this proposal, so it is not anticipated that there will be any significant further degradation of the natural resources surrounding the site.

ii) The proposed telecommunications facility will provide crucial telecommunications services to the community and businesses in North Narooma. The scale of the development is small and is not expected to detract from the natural, cultural or economic attributes of the NSW Coast.

iii) The proposal will not impact upon coastal foreshore access.

iv) The siting and design of this facility is consistent with this point.

v) It is anticipated that the proposed facility will have a localised impact on the visual amenity of North Narooma. The site is situated amongst existing utility infrastructure, consisting of a water reservoir and electricity substation.

As mentioned in Section 2.1, one of the limitations of base station antennas is that they need to be located clear of obstructions like trees and tall buildings to ensure good signal quality. Whilst the ground equipment and lower portion of the monopole can be screened from surrounding viewpoints, the panel antennas will protrude above

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(xi) protect Aboriginal cultural places, values and customs, and

(xii) protect and preserve items of heritage, archaeological or historical significance.

the tree line. A monopole height of 30m was selected as this achieved the coverage objectives whilst providing the minimum clearance above the tree line.

The facility is surrounded by mature vegetation, which will screen the ground equipment and lower portion of the monopole from surrounding viewpoints. It is proposed that the monopole and panel antennas will be painted ‘Pale Eucalypt’ to blend the top of the facility in with the surrounding vegetation.

The above listed mitigation measures have been implemented to reduce the visual impact and improve assimilation into its immediate and wider surroundings.

vi) The proposal will not impact upon any rock platforms, beach environments or beach amenity.

vii) No significant vegetation clearing or removal is required as part of this proposal.

viii) The proposal will not impact upon the marine environment.

ix) The type, bulk, scale and size of the development is appropriate for this location.

x) The proposal is not expected to have any significant impact upon the catchment.

xi) The proposal is not expected to impact upon any Aboriginal cultural places, values or customs.

xii) The proposal is not expected to impact upon any items of heritage, archaeological or historical significance. Refer to Section 11 for further information on heritage impacts.

(2) Development consent must not be granted to development on land that is wholly or partly within the coastal zone unless the consent authority has considered:

(a) existing public access to and along the coastal foreshore for pedestrians (including persons with a disability) with a view to:

(i) maintaining existing public access and, where possible, improving that access, and

(ii) identifying opportunities for new public access, and

a) Not applicable to this proposal.

b) Please refer to Section 8 for further information on Visual Impact.

i) The proposal will not impact upon any associated land and water based uses.

ii) Please refer to Section 8 for further information on Visual Impact.

iii) It is considered that the facility has been scaled and located appropriately to minimise any visual impact associated with the development. The visual impact and the effects the proposed facility have on

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(b) the suitability of the proposed development, its relationship with the surrounding area and its impact on the natural scenic quality, taking into account:

(i) the type of the proposed development and any associated land uses or activities (including compatibility of any land-based and water-based coastal activities), and

(ii) the location, and

(iii) the bulk, scale, size and overall built form design of any building or work involved, and

(c) the impact of the proposed development on the amenity of the coastal foreshore including:

(i) any significant overshadowing of the coastal foreshore, and

(ii) any loss of views from a public place to the coastal foreshore, and

(d) how the visual amenity and scenic qualities of the coast, including coastal headlands, can be protected, and

(e) how biodiversity and ecosystems, including:

(i) native coastal vegetation and existing wildlife corridors, and

(ii) rock platforms, and

(iii) water quality of coastal waterbodies, and

(iv) native fauna and native flora, and their habitats,

can be conserved, and

(f) the cumulative impacts of the proposed development and other development on the coastal catchment.

the visual amenity of North Narooma are outlined in Section 8.

c) Please refer to Section 8 for further information on Visual Impact.

d) Please refer to Section 8 for further information on Visual Impact.

e) The proposed site has previously been cleared of vegetation and is not expected to have a significant impact upon native coastal vegetation, wildlife corridors, rock platforms, water quality, native flora and fauna and their habitats.

f) The scale of the development is considered appropriate for this location.

(3) Development consent must not be granted to development on land that is wholly or partly within the coastal zone unless the consent authority is satisfied that:

(a) the proposed development will not impede or diminish, where practicable, the physical, land-

a) The proposal will not impact upon any access rights of the public to the coastal foreshore.

b) No odours, solid or liquid waste will be generated as part of the operation of a telecommunications facility.

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based right of access of the public to or along the coastal foreshore, and

(b) if effluent from the development is disposed of by a non-reticulated system, it will not have a negative effect on the water quality of the sea, or any beach, estuary, coastal lake, coastal creek or other similar body of water, or a rock platform, and

(c) the proposed development will not discharge untreated stormwater into the sea, or any beach, estuary, coastal lake, coastal creek or other similar body of water, or a rock platform, and

(d) the proposed development will not:

(i) be significantly affected by coastal hazards, or

(ii) have a significant impact on coastal hazards, or

(iii) increase the risk of coastal hazards in relation to any other land.

c) The proposal will not discharge untreated stormwater into any sea or onto any beach.

d) The proposal will not be significantly affected by, significantly impact or increase the risk of coastal hazards.

It is considered that the proposal is consistent with the objectives of the Coastal Zone as outlined above. The installation of a telecommunications facility at this site will have a limited impact on the land within the Coast Zone. The development footprint is considered to be small in scale and as the land has previously been cleared of all significant vegetation that the proposal will not have any significant environmental impact on the areas identified above.

7.3.5 Preservation of Trees or Vegetation

Table 10: Assessment of the Proposal Against the Preservation of Trees of Vegetation Objectives

Principles Comments

(1) The objective of this clause is to preserve the amenity of the area, including biodiversity values, through the preservation of trees and other vegetation.

1) The study area consists of largely cleared land that is maintained on a regular basis to ensure that the surrounding vegetation does not impact upon council water assets. The ground cover consists of exotic grasses, dominated by Kikuyu Grass (Pennisetum clandestinum) with scattered patches of Weeping Grass (Microlaena stipoides), Shorthair Plumegrass (Dichelachne micrantha), Panic Veldtgrass (Ehrharta erecta) and Wallaby Grass (Danthonia racemosa var. racemose). To the south are five Sweet Pittosporum (Pittosporum undulatum) shrubs and two Swamp Wattle (Acacia elongate) shrubs.

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Disturbance to the ground cover will occur because of earthworks associated with the construction of the monopole and outdoor cabinet foundations, connection of underground services and the installation of anti-weed matting and gravel surface within the fenced compound area. Furthermore, the five Sweet Pittosporum and two Swamp Wattle shrubs will require maintenance and trimming to avoid future encroachment into the APZ. No tree removal is proposed.

The proposed facility has been site and designed to have a minimal impact on biodiversity values as well as the adjacent water and electricity assets. It is Optus’ intention to retain the existing vegetation as far as possible, to minimise the visual impact on the surrounding area and from significant viewpoints.

(2) This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Council.

Note. A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner.

Noted.

(3) A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by:

(a) development consent, or

(b) a permit granted by the Council.

Noted.

(4) The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought.

Noted.

(5) This clause does not apply to a tree or other vegetation that the Council is satisfied is dying or dead and is not required as the habitat of native fauna.

Noted.

(6) This clause does not apply to a tree or other vegetation that the Council is satisfied is a risk to human life or property.

Noted.

(7) A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation:

7) As mentioned previously, the proposed will not impact upon a heritage item, place or conservation area, this also applies to any trees that are within such areas.

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(a) that is or forms part of a heritage item or that is within a heritage conservation area, or

(b) that is or forms part of an Aboriginal object or that is within an Aboriginal place of heritage significance,

unless the Council is satisfied that the proposed activity:

(c) is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area, and

(d) would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.

Note. As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 5.10 will be applicable to any such consent.

(8) This clause does not apply to or in respect of:

(a) the clearing of native vegetation:

(i) that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003, or

(ii) that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or

(b) the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or

(c) trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or

(d) action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying and Spatial Information Act 2002, or

(e) plants declared to be noxious weeds under the Noxious Weeds Act 1993.

Note. Permissibility may be a matter that is determined by or under any of these Acts.

8) Noted.

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7.3.6 Bush Fire Hazard Reduction

The subject site was identified in the LEP as a bush fire prone area. The proposal is therefore required to comply with all relevant specifications and requirements for bushfire protection for developments that are located within bushfire prone zones. The NSW Rural Fire Service (RFS) specifications and requirements are outlined in the Planning for Bushfire Protection (PBP) and the RFS Practice Note 1/11 Telecommunication Towers in Bush Fire Prone Areas.

Figure 6: Excerpt from Peterson Bushfire Report showing the proposed 10m Asset Protection Zone (Peterson Bushfire 2017)

It is proposed that a 10 metre APZ will be maintained around the proposed monopole and cabinet as shown in Figure 6. The subject site consists of largely cleared land that is maintained by council on a regular basis to prevent the surrounding vegetation from encroaching upon council water assets, which satisfies the requirement for a minimal surface fuel environment. This ground cover consists of predominantly exotic grasses, dominated by Kikuyu Grass (Pennisetum clandestinum) with scattered patches of Weeping Grass (Microlaena stipoides), Shorthair Plumegrass (Dichelachne micrantha), Panic Veldtgrass (Ehrharta erecta) and Wallaby Grass (Danthonia racemosa var. racemose). Periodic trimming of five Sweet Pittosporum (Pittosporum undulatum) shrubs and two Swamp Wattle (Acacia elongate) shrubs to the south, as shown in Figure 10, will be required to prevent future encroachment into the APZ area. Figures 7 and 8 show the proposed site and APZ area. Refer to Appendix F for further information on the Bushfire Assessment.

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Figure 7: View to the west showing the proposed site and approximate APZ area

Figure 8: View to the east showing the proposed site and approximate APZ area

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7.3.7 Earth Works

Table 11: Assessment of the proposal against the Earth Works Objective

Principles Comments

(1) The objectives of this clause are as follows:

(a) to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land,

(b) to allow earthworks of a minor nature without requiring separate development consent.

a) Limited earthworks will be required as part of this proposal to establish the monopole and outdoor cabinet foundations, install the underground electrical conduit and to install the weed matting and gravel surface within the fenced compound area. It is not anticipated that there will be any detrimental impact upon any environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.

b) The earthworks are considered to be minor and are required in order to construct the telecommunications facility.

(2) Development consent is required for earthworks unless:

(a) the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or

(b) the earthworks are ancillary to other development for which development consent has been given.

2) The earthworks are ancillary to the proposed telecommunications facility.

(3) Before granting development consent for earthworks, the consent authority must consider the following matters:

(a) the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality,

(b) the effect of the proposed development on the likely future use or redevelopment of the land,

(c) the quality of the fill or the soil to be excavated, or both,

a) The development footprint is 5.6m x 7.8m and considered to be minor in scale and is not expected to impact upon drainage patterns or soil stability.

b) The development is not expected to impact upon any future use or redevelopment of the land.

c) Noted.

d) The facility is screened on all sides with existing vegetation, which together with the proposed colour of the telecommunications equipment, will aid in minimising the visual disturbance and

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(d) the effect of the proposed development on the existing and likely amenity of adjoining properties,

(e) the source of any fill material and the destination of any excavated material,

(f) the likelihood of disturbing relics,

(g) the proximity to and potential for adverse impacts on any watercourse, drinking water catchment or environmentally sensitive area,

(h) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

improve assimilation into its immediate and wider surroundings. As mentioned in Section 2.1 of this SEE, one of the limitations of base station antennas need to be located clear of obstructions like trees and tall buildings to ensure good signal quality. This means that the top of the monopole and the antennas will protrude above the tree line. A monopole height of 30m was required to achieve the coverage objectives, whilst being balanced against the visual impact of the proposal.

e) Any fill material will be sourced from material on-site that was excavated to install the monopole foundations. If any excavated material requires disposal, it will be taken to an appropriate Waste Management facility. If required a Waste Management Plan can be provided as a condition of consent prior to the release of the Construction Certificate.

f) Please refer to Section 12 regarding the discovery of any relics.

g) It is not expected that the proposal will impact upon any watercourse, drinking water catchment or environmentally sensitive areas.

h) Appropriate construction management measures, incorporating soil erosion and sediment controls, in accordance with the relevant regulations of the “Blue Book” – ‘Managing Urban Stormwater: Soils and Construction’ (Landcom 2004) will be implemented.

The earthworks are considered to be minor and limited to the establishment of the monopole and outdoor cabinet foundations, underground electrical conduit as well as the weed matting and gravel within the fenced compound area. There will be no change in grading or modification to the ground around the compound. As the site has been largely cleared of vegetation, it is not expected that there will be any significant impact to the surrounding environment as a result of the proposed works.

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7.3.8 Biodiversity

Table 12: Assessment of the proposal against the Biodiversity Objectives

Principles Comments

(1) The objective of this clause is to maintain terrestrial and aquatic biodiversity, including the following:

(a) protecting native fauna and flora,

(b) protecting the ecological processes necessary for their continued existence,

(c) encouraging the recovery of native fauna and flora and their habitats,

(d) maximising connectivity, and minimising fragmentation, of habitat.

a-d) As advised previously, the site of the proposed development has been largely cleared of vegetation and has a small development footprint. It is not anticipated that the proposal will have a significant impact on native flora and fauna. Further information about the impact to flora and fauna is discussed in Section 10.

(2) This clause applies to land identified as “Endangered Ecological Community”, “Extant Native Vegetation” or “Biocorridor” on the Terrestrial Biodiversity Map.

2) The land is not identified as containing any Endangered Ecological Communities, Extant Native Vegetation or Biocorridor as per the Eurobodalla LEP 2012 Terrestrial Biodiversity Map No. 13.

(3) Before determining a development application for development on land to which this clause applies, the consent authority must consider any adverse impact of the proposed development on the following:

(a) native ecological communities,

(b) the habitat of any threatened species, populations or ecological community,

(c) regionally significant species of fauna and flora or habitat,

(d) habitat elements providing connectivity.

3) The proposed facility is sited on land that has been largely cleared of vegetation. As the development footprint is small and there is no change in land grading, or clearing of significant vegetation, the impact of the proposal on native ecological communities, habitats of threatened species and ecological communities and significant species of flora and fauna is considered to be minor. As the proposal generates no odours, waste or additional demand for pedestrian or vehicular traffic, the operation of the facility will not have any significant on these communities while the facility is operational.

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(4) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that:

(a) the development is designed, sited and will be managed to avoid any adverse environmental impact, or

(b) if that impact cannot be avoided—the development is designed, sited and will be managed to minimise that impact, or

(c) if that impact cannot be minimised—the development will be managed to mitigate that impact.

a) The development has been designed and sited to avoid adverse environmental impact.

b) The impacts can be avoided.

c) The impacts can be minimised.

The proposal is considered to be compliant with the principles of the Biodiversity Zone, given the siting of the proposed facility on land that has been largely cleared of vegetation and no significant further vegetation removal is proposed. As mentioned previously, telecommunications facilities do not generate odours or waste as part of their operation, nor do they generate any demand for additional pedestrian or foot traffic, which will ensure that there are no ongoing impacts on the environment once the facility has been constructed.

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8 Visual Impacts

8.1 Existing Visual Environment

8.1.1 Land Form

The subject site is located in an area that is suitable for the development and use of the land for the purposes of a telecommunications facility. The proposed facility is situated on a ridgeline amongst other utility infrastructure (a water reservoir and electricity substation). The site is surrounded by mature vegetation buffers which screen and soften the facility from significant viewpoints, although not sufficiently to hide it completely.

8.1.2 Land Uses

The land use at the subject site is considered to be for rural purposes, whilst the surrounding area is best described as a combination of rural and residential land use. The proposed facility is not expected to adversely impact the land use or visual amenity at the site or surrounding area.

8.1.3 Significant Views

Optus considers the significant views to a proposed site as part of the site selection process. In this instance, three significant views have been identified as follows:

• Significant view 1 is from the roadside on Hillcrest Avenue, located approximately 200m north of the

proposed site.

• Significant view 2 is from the intersection of Hillcrest Avenue and Perkins Parade, located

approximately 340m east of the proposed site.

• Significant view 3 is from near the bridge at Batemans Marina Park, located approximately 1100m

south-east of the proposed site.

A map of the significant views in relation to the proposed facility is shown in Figure 9.

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Figure 9: Map of the significant views in relation to the proposed facility (Google Earth 2017)

8.2 Visual Impact Statement Methodology

This Visual Impact Statement has been carried out by undertaking the following:

• Analysis of the existing visual environment, considering views in an immediate, local and regional

context. Significant views and vantage points within the surrounding area are identified.

• Each viewpoint is then taking into consideration: period of view, view distance, number of viewers

and visual absorption capacity of the landscape. Each of these factors is rated to determine the visual

impact rating of the proposed when seen from a particular viewpoint.

8.3 Impact Assessment

8.3.1 Significant View 1

• Located along Hillcrest Avenue, north of the proposed site.

• Typical viewers include residents and workers of the surrounding area.

• The expected period of time with the most views of the site is during the morning, afternoons and weekends.

• The distance to the site from view 1 is approximately 200m.

• The overall visibility of the site from this location is considered to be high, as this represents the most direct view of the proposed facility.

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• The site has a number of tall electricity poles, which will soften the views of the proposed facility against the existing infrastructure. As the properties along the street face predominantly north to north east, the facility will not be in the direct view of the residential properties.

• Landscape at this location is considered to have a medium visual absorption capacity.

• The visual impact rating from this view is therefore considered to be moderate.


• Located at the intersection of Hillcrest Avenue and Perkins Parade, east of the proposed site.

• Typical viewers include residents and workers of the surrounding area.

• The expected period of time with the most views of the site is during the morning, afternoons, and weekends.


• The overall visibility of the site from this location is considered to be low, as there is a mature vegetation buffer between the subject site and surrounding residents.

• The landscape at this location is considered to have a high visual absorption capacity, as the proposed facility will be largely screened from view.

• Whilst some of the residential properties do directly face the proposed site, the land slopes sharply down towards the east, which should mitigate any significant impact on the view from the surrounding residence.

• The visual impact rating from this view is therefore considered to be low.


• Located near the bridge at Batemans Marina Park, south east of the proposed site.

• Typical viewers include vehicular traffic travelling north on Princes Highway, tourists, residents and workers of the surrounding area.

• The expected period of time with the most viewers of the site is during the mornings, afternoons and weekends.


• The overall visibility of the site from this location is considered to be medium. There is a significant vegetation buffer between the view and the subject site, with mature vegetation providing good screening opportunities. The ground equipment and lower portion of the monopole will be screened from view, however it does need to be appreciated that the top of the monopole and the panel antennas need to protrude above the tree line to fulfil their function.

• The residential and commercial properties along Riverside Drive are screened by an existing vegetation buffer along the waterfront.

• The landscape at this location is considered to have a high visual absorption capacity. The proposed telecommunications facility will not significantly transform the visual character and quality of Narooma. As mentioned previously, Optus are proposing to paint the monopole and panel antennas in a colour such as “Pale Eucalypt’ to further soften the visual profile against the surrounding vegetation.

• The visual impact rating from this view is therefore considered to be moderate.

8.4 Visual Impact Conclusion

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This assessment has identified the proposed telecommunications facility as having a moderate visual impact. The visual impact will vary depending on the viewing distance, number of viewers, period of view and vantage point within the surrounding areas.

Attention has been given to the design of the various elements of the telecommunications facility, and consideration of these elements will ensure the best possible outcome to minimise the impact on views within the visual catchment of the site.

Overall it is anticipated that the proposed development will not have a significant visual impact on the surrounding area. The proposed facility will be visible from some distance, given its location and required height to gain optimal network performance for the surrounding areas. Three views were considered to have a moderate visual impact. Given the advantages to be gained by the public by receiving improved telecommunications services, it is considered that the facility provides an acceptable level of impact which outweighs any general loss of visual amenity.

A photomontage for each of the three significant viewpoints is available in Appendix G.

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9 Health and Safety

Optus acknowledges some people are genuinely concerned about the possible health effects of electromagnetic energy (EME) from mobile phone base stations and is committed to addressing these concerns responsibly. Optus, along with the other mobile phone carriers, must strictly adhere to Commonwealth Legislation and regulations regarding mobile phone facilities and equipment administered by the Australian Communications and Media Authority (ACMA).

Mobile Carriers ensure that facilities operate well within the prescribed health standards mandated by the ACMA. The limits for public human exposure to EME are based on the Radiation Protection Standard – Maximum Exposure Levels to Radiofrequency Fields – 3kHz to 300GHz, developed by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA), and referred to as the ARPANSA Standard. In 2003 the ACMA adopted this technical standard for continuous exposure of the general public to RF EME from mobile base stations. The standard, known as the Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2003, was prepared by ARPANSA and is the same as that recommended by ICNIRP (International Commission for Non-Ionising Radiation Protection), an agency associated with the World Health Organisation (WHO). Mobile carriers must comply with the Australian Standard on exposure to EME set by the ACMA.

The Standard operates by placing a limit on the strength of the signal (or RF EME) that Optus can transmit to and from any network base station. The general public health standard is not based on distance limitations, or the creation of “buffer zones”. The environmental standard restricts the signal strength to a level low enough to protect everyone at all times. It has a significant safety margin, or precautionary approach, built into it.

In order to demonstrate compliance with the standard, ARPANSA created a prediction report using a standard methodology to analyse the maximum potential impact of any new telecommunications facility. Carriers are obliged to undertake this analysis for each new facility and make it publicly available.

Importantly, the ARPANSA-created compliance report demonstrates the maximum signal strength of a proposed facility, assuming that it’s handling the maximum number of users, 24-hours a day.

In this way, ARPANSA requires network carriers to demonstrate the greatest possible impact that a new telecommunications facility could have on the environment, to give the community greater peace of mind. In reality, base stations are designed to operate at the lowest possible power level to accommodate only the number of customers using the facility at any one time. This design function is called “adaptive power control” and ensures that the base station operates at minimum, not maximum, power levels at all times.

Using the ARPANSA standard methodology, Optus has undertaken a compliance report that predicts the maximum levels of radiofrequency EME from the proposed installation. The maximum environmental EME level from the site, once it is operational, will comply with the ACMA mandated exposure limit. Optus complies with the public health and safety standard by a significant margin. Where the facility operates in accordance with prescribed standards as mandated by the ACMA, the emission of EME is not relevant to the assessment of the planning merits of a site.

Optus relies on the expert advice of national and international health authorities such as the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) and the World Health Organisation (WHO) for overall assessments of health and safety impacts. The WHO advises that all expert reviews on the health effects of exposure to radiofrequency fields have concluded that no adverse health effects have been established from exposure to radiofrequency fields at levels below the international safety guidelines that have been adopted in Australia. For a copy of the Environmental EME Report, refer to Appendix D.

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10 Flora and Fauna Assessment

A Flora and Fauna Assessment was completed by Biosis for the study area as shown in Figure 10.

A field investigation of the study area was undertaken on the 5th September 2017 by Bianca Klein (Field Botanist). The field investigation confirmed the study area consisted of largely cleared land. The ground cover consisted of exotic grasses, dominated by Kikuyu Grass (Pennisetum clandestinum) with scattered patches of Weeping Grass (Microlaena stipoides), Shorthair Plumegrass (Dichelachne micrantha), Panic Veldtgrass (Ehrharta erecta) and Wallaby Grass (Danthonia racemosa var. racemose).

The vegetation surrounding the study area was open forest dominated by Spotted Gum (Corymbia maculate), Red Bloodwood (Corymbia gummifera) and White Stringybark (Eucalyptus globoidea) dominant in the canopy. This vegetation is mapped as Deua-Brogo Foothills Dry Shrub Forest and although a detailed flora survey was not undertaken outside the impact area, it appeared to meet the description of this classification. This community is not listed as an endangered ecological community.

The 10 metre APZ buffer is bordered by five Sweet Pittosporum (Pittosporum undulatum) shrubs and two Swamp Wattle (Acacia elongate) shrubs, which will require maintenance and trimming to avoid encroachment into the APZ as shown in Figure 11. This vegetation is considered to provide marginal foraging habitat for threatened fauna species. No shelter, nesting or breeding habitat was identified within the study area during field investigations. Therefore, the threatened fauna species listed below have a low likelihood of occurrence within the study site.

Figure 10: Excerpt from the Flora and Fauna Assessment showing the study area and vegetation (existing and removed) (Biosis 2017)

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No threatened flora species were recorded during the field investigation. Due to the highly disturbed nature of the site, the study area is considered to have a low potential to provide habitat for threatened flora species. The proposed development does not trigger assessment under the Biodiversity Offsets Scheme (BOS) and a (Biodiversity Development Assessment Report) BDAR is not required. This standard assessment has been undertaken to address potential impacts to flora and fauna to satisfy requirements of a Statement of Environmental Effects to be submitted with a DA for the proposed development. It is concluded that the proposed development is unlikely to have a significant impact on threatened flora, fauna or threatened ecological communities listed under the BC Act or EPBC Act. Refer to Appendix H for further information on Flora and Fauna Assessment.

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Figure 1: Image of the five Sweet Pittosporum (Pittosporum undulatum) shrubs and two Swamp Wattle (Acacia elongate) shrubs.

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11 Heritage

10.1 Aboriginal Heritage

Investigations into the cultural significance of the site indicate that the proposed site is not located in, or close to, an area of known significance to Aboriginal persons or Torres Strait Islanders. Catalyst request Council to provide details of any known heritage or items of cultural significance as part of the planning approvals process.

The National Parks and Wildlife Act 1974 (NPW Act), administered by the Office of Environment and Heritage (OEH), is the primary legislation for the protection of some aspects of Aboriginal cultural heritage in New South Wales. The NPW Act requires a developer to apply ‘due diligence’, which means a legal standard of care, to determine whether a proposed activity could harm (i.e. damage, destroy, deface or move) Aboriginal objects or declared Aboriginal Places. In the context of protecting Aboriginal cultural heritage, due diligence involves taking reasonable and practicable measures to determine whether a developer’s actions will harm an Aboriginal object and, if so, what measures can be taken to avoid that harm. The process for applying due diligence is described in the OEH publication Due Diligence Code of Practice for the Protection of Aboriginal Objects in New South Wales 2010 (“the Due Diligence Code”).

Guidelines under Section 8 in the Due Diligence Code have been followed in preparation of the development application. A search under the Aboriginal Heritage Information Management System (AHIMS) is enclosed at Appendix I. The search is centred at the site location with a buffer of 50m. No Aboriginal sites are recorded and no Aboriginal places are declared near the location. On this basis, the development application demonstrates Due Diligence.

It is considered that the area is of low archaeological sensitivity. However, should any item of archaeological importance be discovered during the construction, work would cease immediately and all appropriate authorities would be notified of the item discovered. Work would not resume until all clearances were received from the relevant authorities, in accordance with the Due Diligence Code.

10.2 Non-Indigenous

Heritage registers exist at the Commonwealth, state and local level. After an initial desktop assessment of the subject site it is anticipated that the proposed facility will not have a significant effect on a place that is entered in a register relating to heritage conservation, a terrestrial or marine reserve for nature conservation purposes, a site on the world heritage list or a place covered by International Treaties. There are no known locations entered in any of the aforementioned registers within close proximity to the North Narooma site.

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12 CONCLUSION

13.1 Summary

This report provides the necessary information to support the application for planning approval to use and develop the land at Hillcrest Avenue, North Narooma, for the purpose of a telecommunications facility. An assessment of the proposed site has been undertaken with a view to ensuring that the proposal complies with relevant Commonwealth, State and Local legislation, planning policies and controls as applicable.

It is submitted that the proposed use will not be in conflict with surrounding land uses, nor will it decrease the general amenity of the area or have a detrimental impact on the local environment. The proposal is consistent with the planning scheme controls including the purpose and objectives of the 1 (a) (Rural Environmental Constraints and Agricultural Zone) and RU1 Primary Production Zone designated land use. The development ensures that telecommunications infrastructure and services are provided in an efficient and cost-effective manner to meet community needs, whilst having a minimal impact on the amenity of the area. Approval of the proposed use and development will be consistent with:

• The EP&A Act;

• The Infrastructure SEPP, including the NSW Guideline;

• The Eurobodalla LEP;

• The Eurobodalla 1987 LEP;

• The Eurobodalla DCP;

• The Zone, including objectives and decision guidelines.

13.2 Recommendation

The subject site is suitable for the proposed development, which demonstrates compliance with all relevant legislation and guidelines. Subject to the outcomes of appropriate referrals to relevant authorities, it is recommended that Eurobodalla Shire Council approve the Development Application.

statement of environmental effects - esc.nsw.gov.au · a mobile telecommunications network is made...

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